DEFAMATION
Interpretation of SECTION 356 on DEFAMATION
Section 356 defines defamation as any act of making or publishing false statements about a person
that are intended to harm or are likely to harm their reputation. The section also outlines various
explanations, exceptions, and penalties for defamation. Below is a detailed breakdown:
Key Elements of Defamation
1. Imputation: Any statement, sign, or representation concerning a person.
2. Intent or Knowledge: The act must be done:
o With the intent to harm.
o Knowing or having reason to believe it will harm the person’s reputation.
3. Medium: The imputation can be made:
o Orally (spoken words).
o In writing or print (libel).
o Through gestures, signs, or visible representations.
Important Explanations
1. Defamation of Deceased Persons:
o Statements that harm the reputation of a deceased person are defamation if
intended to hurt the feelings of their family or close relatives.
2. Defamation of Entities:
o Defamation applies to companies, associations, or groups.
3. Irony and Alternatives:
o Statements made indirectly, through irony or alternatives, may constitute
defamation.
4. Impact on Reputation:
o To qualify as defamation, the imputation must lower the person’s:
Moral or intellectual character.
Professional reputation.
Interpretation of SECTION 356 on DEFAMATION
Section 356 defines defamation as any act of making or publishing false statements about a person
that are intended to harm or are likely to harm their reputation. The section also outlines various
explanations, exceptions, and penalties for defamation. Below is a detailed breakdown:
Key Elements of Defamation
1. Imputation: Any statement, sign, or representation concerning a person.
2. Intent or Knowledge: The act must be done:
o With the intent to harm.
o Knowing or having reason to believe it will harm the person’s reputation.
3. Medium: The imputation can be made:
o Orally (spoken words).
o In writing or print (libel).
o Through gestures, signs, or visible representations.
Important Explanations
1. Defamation of Deceased Persons:
o Statements that harm the reputation of a deceased person are defamation if
intended to hurt the feelings of their family or close relatives.
2. Defamation of Entities:
o Defamation applies to companies, associations, or groups.
3. Irony and Alternatives:
o Statements made indirectly, through irony or alternatives, may constitute
defamation.
4. Impact on Reputation:
o To qualify as defamation, the imputation must lower the person’s:
Moral or intellectual character.
Professional reputation.
